N.C.P.I.—Civil 809.151

(Use for claims filed on or after 1 October 2011. For

claims filed before 1 October 2011, use N.C.P.I.-Civil

810.50.)

NOTE WELL: N.C. Gen. Stat. § 90-21.19B specifies that

“any verdict or award of damages, if supported by the

evidence, shall indicate specifically what amount, if

any, is awarded for noneconomic damages.” Whether

any “services” provided by the deceased may be

categorized as economic damages is an open

question.

If the Court is persuaded that the law and evidence

warrant such an instruction, then use N.C.P.I.-Civil

809.150 to instruct the jury about those services

provided by the deceased that could be considered as

“economic damages.” Which services, if any, may give

rise to “economic damages” will likely be dependent on

the type of service, and whether there has been

evidence of market value.

If there has been no evidence of market value for a

service provided by the deceased, or if the Court

determines that the law does not warrant such an

instruction, then use this instruction to refer to all

“services” provided by the deceased. Similarly, if there

has been evidence of market value of only certain

services provided by the deceased, then be careful to

limit this instruction to those services for which there

has been no such evidence of market value.

(As I have instructed you already,) Damages for (name deceased)'s

death also include fair compensation for the present monetary value of

(name deceased) to his next-of-kin.3 (In this case, (name deceased)'s

next-of-kin are (name persons and specify relationships).)

Non-economic damages for the present monetary value of (name

deceased) to his next-of-kin can include society, companionship, comfort,

guidance, kindly offices, advice, protection, care or assistance and

services provided by (name deceased) to his next-of-kin (for which you do

not find a market value. For purposes of this instruction, you are not to

consider (name deceased)'s income (or services4 (name deceased)

provided to his next-of-kin for which you have found a market value and

an economic loss), as I already have instructed you on those economic

damages.)5

There is no fixed formula for determining the present monetary

value of (name deceased) to his next-of-kin in connection with his

society, companionship, comfort, guidance, kindly offices, advice,

protection, care, or assistance or of the services (name deceased)

provided to his next-of-kin (for which there is no evidence of market

value).6 You must determine what fair compensation is by applying logic

and common sense to the evidence.7 You may consider:

[You may consider the protection, care and assistance of (name

deceased) to his next-of-kin and the services provided by (name

deceased) to his next-of-kin (for which you have not found a market

value),8 whether voluntary or obligatory,9 these words are to be given

their ordinary meanings. You may consider the family and personal

relations between (name deceased) and his next-of-kin, and what you

find to be the reasonable value of the loss to them of these things over

the life expectancy of (name deceased)10 (or, as I will explain to you,

over a shorter period).11]

[You may consider the society, companionship, comfort, guidance,

kindly offices, or advice that (name deceased) provided to his next-of-kin.12 These words are to be given their ordinary meaning. You may

consider the family and personal relations between (name deceased) and

his next-of-kin and what you find to be the reasonable value of the loss

to them of these things over the life expectancy of (name deceased)13

(or, as I will explain to you, over a shorter period.)]

As I have indicated, in determining the value of [(name deceased)'s

society, companionship, comfort, guidance, kindly offices and advice to

his next-of-kin] [the protection, care and assistance and services (name

deceased) provided to his next-of-kin (for which you have not found a

market value)14], you must consider (name deceased)'s life expectancy.15

Life expectancy is the period of time (name deceased) may reasonably

have been expected to live but for the negligence of the defendant. [The

life expectancy tables are in evidence.] [The court has taken judicial

notice of the life expectancy tables.]16 They show that for one of (name

deceased)'s age at the time of his death, his life expectancy would have

been (state expectancy) years. (As I have instructed you,) In

determining (name deceased)'s life expectancy, you will consider not only

these tables, but also all other evidence as to his health, his constitution

and his habits.17

(Also as I have instructed you,) (The life expectancy tables show

that, at the time of the death of (name deceased), the life expectancy for

(name next-of-kin) was (state expectancy), which was shorter than the

expectancy shown by the tables for (name deceased). Therefore, you

must determine the expectancy of (name next-of-kin) as well as the

expectancy of (name deceased). In determining the expectancy of (name

next-of-kin), you will consider not only these tables, but also all other

evidence as to his health, his constitution and his habits. If you find that

the expectancy of (name next-of-kin) is shorter than that of (name

deceased), then you will determine the monetary value of the (name

deceased) to (name next-of-kin) by the shorter of the two life

expectancies. In other words, when the expectancy of a next-of-kin is

shorter than that of a deceased, the award to the next-of-kin is limited to

the value of benefits he might have expected to receive during his own

life.)18

In determining the amount of actual non-economic damages to be

awarded to (name deceased)'s next-of-kin, you are not limited to the

things which I have mentioned, but you may not consider any other

element of damages about which I already have instructed you. Insofar

as you have not already taken it into account, you may consider any other

evidence which reasonably tends to establish the value of (name

deceased) to his next-of-kin.

(As I have instructed you,) any amount you allow as damages for

the future value of (name deceased) to his next-of-kin must be reduced

to its present value, because a smaller sum received now is equal to a

larger sum received in the future. (There is evidence before you that

(name deceased)'s future monetary value to his next-of-kin already has

been reduced to its present value. Whether it has in fact been so

reduced is for you to determine from the evidence and from your logic and

common sense. However, if you find that (name decedent)'s monetary

value to his next-of-kin already has been reduced to present value, then

you must not reduce it again.)